Many frisks or pat-down searches occur after an arrest. Police officers must check people for drugs, dangerous weapons and other contraband before transporting them to holding facilities. Occasionally, police officers may conduct physical searches of people prior to an arrest. What they find during that search may even contribute to the charges brought against the individual.
When is it legal for a police officer to physically search a person whom they do not yet have legal justification to arrest?
Federal standards limit pat-down searches
Some states have adopted specific regulations regarding pat-downs or stop-and-frisk encounters. North Carolina has not. Therefore, federal standards as established by a key Supreme Court ruling govern these encounters with law enforcement professionals.
During a so-called “Terry stop,” where a police officer frisks a person who is not yet under arrest, an officer must have a legal justification for the search. Specifically, they must have a reasonable suspicion that the person possesses a dangerous weapon.
They cannot conduct a search to look for drugs or other evidence of criminal activity. The pat-down should occur solely for their safety and the safety of other members of the public.
Unlawful pat-down searches can lead to criminal charges that the state might not otherwise have evidence to support. Thankfully, a criminal defense attorney can potentially suppress evidence obtained through an illegal search. Reviewing what led to a pat-down can help criminal defendants evaluate their options.
A criminal defense attorney who can show the courts that a search violated the civil rights of a defendant could exclude the evidence gathered during the search, which could result in the dismissal of the pending charges. The suppression of evidence can also improve the chances of an acquittal if a case goes to trial.